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Allowing The Courts To Step In Where Needed: Applying The Plra's 90-Day Limit On Preliminary Relief, Catherine T. Struve
Allowing The Courts To Step In Where Needed: Applying The Plra's 90-Day Limit On Preliminary Relief, Catherine T. Struve
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The Prison Litigation Reform Act responded to two major assertions—that prison and jail inmates were swamping the courts with frivolous lawsuits and that federal-court injunctions were imposing unwarranted requirements on prison and jail systems. The first assertion led to the PLRA provisions restricting prisoner lawsuits. The second assertion gave rise to the PLRA’s limits on injunctions “in any civil action with respect to prison conditions.” These limits (1) set requirements for the entry of any injunction, (2) provide for the termination of existing permanent injunctions, and (3) constrain the entry of preliminary injunctions. As to the first of these limits, …
Protecting A Real Or Imagined Past: Justice Samuel Alito And The First Amendment, Derigan Silver, Dan V. Kozlowski
Protecting A Real Or Imagined Past: Justice Samuel Alito And The First Amendment, Derigan Silver, Dan V. Kozlowski
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This article examines the First Amendment jurisprudence of Justice Samuel Alito. In this article, we argue that the principles behind his decision-making are not always necessarily traditional methods of constitutional analysis, and litigants should understand the frames and lenses Alito uses to make decisions when making their arguments to him. The article concludes with a discussion of Alito’s overall approach to the law and some thoughts on how he is attempting to reshape the First Amendment. We write that, above all, it is clear he is seeking to protect a real or imagined past that, in his mind, is under …